Study On Legal Attributes Of Compensation For Ecological Environment Damages

As an important part of the ecological environmental damage compensation system,litigation for ecological environmental damage compensation is an innovative pilot reform of China's environmental protection undertakings.In the future,as an institutionalized procedure for ecological environment benefits and rights relief,the basic theoretical logic should be rationalized at the legal level,and the subject should be clear about rights and obligations and standardize judicial procedures at the practical level.The key point is to clarify the power source of the compensation body for compensation for ecological environmental damage compensation,and the relationship between the current civil tort,environmental public interest litigation,and administrative regulation,accurately define the legal nature of the ecological damage compensation lawsuit,and promote the legislation of the ecological environmental damage compensation system.Practice to achieve ecological environmental protection.At present,there are three theories about the dispute over the legal attributes of the compensation law for ecological environmental damage,namely,the state ownership of natural resources,the state environmental protection obligation and the public trust.The different theoretical foundations of different doctrines also define the compensation law for ecological damages.It is not the same,so it is necessary to deeply analyze it,to define the legal attributes of the ecological damage compensation lawsuit from the theoretical level,and to propose the improvement of the ecological environment damage compensation lawsuit from the aspects of legislation and ecological environment protection.This paper mainly elaborates on the legal property research of China's ecological environmental damage compensation litigation from three parts:The first part,the dilemma of the definition of legal attributes of ecological environmental damage compensation litigation,this section through the comparative analysis of ecological environmental damage compensation litigation and civil tort,environmental public interest litigation and administrative regulation,explain the commonalities and differences between different systems or ecological environmental protection measures Where.In the comparative study,the difficulties of ecological property damage in the traditional tort theory and the nature,nature and responsibilityof the environmental damage compensation litigation and the civil infringement are essentially different;the ecological environmental damage compensation litigation and the environmental public interest litigation in the prosecution subject and case The difference in coverage;ecological environmental damage compensation litigation and administrative regulation are important measures for environmental protection,but the theoretical logic and implementation effect are different.The second part is the dispute over the legal attributes of the compensation law for ecological environmental damage compensation.This part adopts three theoretical theories on the legal attributes of the compensation law for ecological environmental damage,namely,the theory of natural resource state ownership,the state environmental protection obligation and the public trust theory.Analyze the support points and deficiencies of different doctrines.This part focuses on the analysis and demonstration of the source of ecological environmental damage recovery and the ecological environment rights,thus negating the irrationality of the above three theories.It is believed that the construction and improvement of the ecological environmental damage compensation lawsuit needs to break through the constraints of the existing theory.In the third part,the ecological environmental damage compensation lawsuit is an independent environmental litigation.Based on the arguments of the second part and the third part,this part considers that the ecological environmental damage compensation lawsuit is different from the civil tort and environmental public interest litigation.An independent environmental litigation pointed out that the ecological environment rights should be defined as public sharing,and the source of the ecological environment damage recovery subject is the environmental rights agent,and on this basis,the suggestion for the improvement of the ecological environment damage compensation lawsuit is put forward.